No you can object the divorce in India. The same will be illegal unless you consent in India. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
My husband filed for a divorce in US stating the marriage is irretrievably broken because he wants to marry someone else. I live in a no fault state, so it was very easy for him to proceed to court for divorce. I was dependent on him for everything and no family member in US. Had no option but to sign the papers. Will the marriage be valid in India ?
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No you can object the divorce in India. The same will be illegal unless you consent in India. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
No fault divorce is not valid in india . Divorce can be only on grounds recognised by HMA
2) don’t sign the papers
3) file petition for RCR in india seek stay of divorce proceedings in USA
Dear Querist
If you signed the document then it may be considered that you were ready and willing to divorce him and also you accept the jurisdiction of the court. That marriage will be valid in India too. But if you refused to signed the document and raised objections of the jurisdiction of USA court then if USA court grant divorce, that divorce can be challenged in India which shall not be valid in India as per section 13 of CPC.
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Deny to sign the paper and at the same time file a divorce petition or Restitution of Conjugal Rights application before Indian Courts. Because that divorce is not valid in India.
Where do you have performed your marriage in India or USA.
If you have performed in USA then you have to go as per No fault divorce law.
If you have performed in India then USA divorce will be not acceptable in India only Mutual Consent Divorce performed in foreign countries are valid divorce in India.
I got married in India. I had no option but to sign the papers with all the finances in his control. I didn’t even have a bank account here.
Since you participated in the no fault divorce proceedings in US under coercion, the same will have no legal sanctity inindia.
Take recourse to the Indian Courts to take appropriate relief against your husband.
Dear Ma'am
Refuse to sign any such papers.
Divorce will not be granted that easily to him in India.
Thank you
1. Irritriveable breakdown of marriage is not a recognised ground to obtain divorce under the Hindu Marriage Act.
2. Moreover divorce obtained from irritriveable breakdown of marriage from US is not recognised in India, as US is not recognised as a reciprocatory country by Indian Government.
3. Hence the divorce obtained on that basis will not be valid in India.
4. It's advisable to obtain divorce in India, preferably Mutual Consent Divorce.
If your marriage was solemnized in India as per Indian laws, then the divorce decree that your husband is intending to get from an US court and for the reasons sated in your post will not be recognised as legally valid divorce in India.
Even if you have signed the papers for divorce, the divorce granted by US court on the grounds of irretrievably broken is not recognised as valid reason as per Indian laws, thus as far as Indian law is concerned you will still remain married to him.
Even if you have signed the papers for divorce, the divorce granted by US court on the grounds of irretrievably broken is not recognised as valid reason as per Indian laws, thus as far as Indian law is concerned you will still remain married to him.
instead of singing papers, you have to call 911.
Women done many things in US also to trouble husbands.
he is very lucky to get away very easily.
ask for spouse support.
US courts give you attorney to fight case in USA.
That Divorce in USA will be valid there but still not valid in India.
So both of you will become half divorced half married.
you both will be divorced in USA and still married in India.
Also still you can file case in India stating that you signed papers in USA under pressure and its not valid in india.
- As per law , a decree of divorce granted by the foreign court is valid , if obtained on the ground of mutual divorce or a contested divorce .
- If you have given your consent by way of mutual joint petition , then this decree is divorce is valid in India.
Divorce due to cable breakdown of marriage is not a valid ground for divorce in India and hence the divorce decree by foreign Court would not be enforceable and legally binding in India even if the matter was contested by you in the court abroad.
You can take up plea in Indian courts that the said consent was taken by way of coercion in USA.
Having no bank account would not have any bearing.
Don't contest. Raise objections. It has to be filed in india.
Regards
G.RAJAGANAPATHY
High Court of Madras
As you accepted the jurisdiction of the US district court hence the divorce is valid in India. But irretrievable breakdown of marriage is a ground which is not recognized in India.